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Article • February 15, 1997 • from PLN January, 1997
Virginia Hawks Parolees' Names by Beginning in July 1996, the Virginia Department of Corrections (DOC) began publishing what has so far proven to be a hot seller: lists of parolees' names, address, offenses, sex and race. The parolee lists costs $5 per zip code. Bargain hunters, however, can purchase a …
Article • February 15, 1997 • from PLN January, 1997
Call Recipient's Rights Not Violated in Phone Taping by The court of appeals for the second circuit held that the rights of the free person accepting a collect call from a prisoner are not violated when the calls are taped and monitored by law enforcement officials. It also held prisoners …
Private Prison Liable for Wrongful Imprisonment by A federal district court in Florida held that a private corporation which ran a county jail under contract was liable for a detainee's wrongful imprisonment. Thomas Blumel was arrested without a warrant after being accused of violating a restraining order. Blumel was then …
Article • February 15, 1997 • from PLN February, 1997
Prison Health Report Issued by The National Institute of Justice, a branch of the Department of Justice, has published a 125 page booklet titled "Managing Prison Health Care and Costs." The book provides an overview of rising prison health care costs with national examples of various cost containment strategies. The …
Article • February 15, 1997 • from PLN January, 1997
Law Against Love by Mumia Abu-Jamal For several years now, MOVE political prisoner Chuck Africa, has had to do battle with Pennsylvania prison officials to obtain the most fundamental of human rights -- the right to visit with his wife, May 13th, 1985 bombing survivor and ex-political prisoner, Ramona Africa. …
ADA Requires Phones for Deaf by A federal district court in Michigan held that the Americans with Disabilities Act (ADA), 42 U.S.C. 12131 and the Rehabilitation Act of 1973, 29 U.S.C. § 794, requires state prison officials to provide prisoners and the people they call with Telecommunications Device for the …
Article • February 15, 1997 • from PLN January, 1997
From the Inside Looking Out by Jon Marc Taylor The late Malcom Forbes once said it was "more fun to arrive at a conclusion than to justify it." Brookings Institute senior fellow Dr. John J. DiIulio has certainly arrived at a conclusion, but his justifications range from questionable to outright …
Article • February 15, 1997 • from PLN February, 1997
Stunning Revelations by Adrian Lomax Recently Governor Thompson signed into law a bill permitting prisoner chain gangs in Wisconsin. In a high-tech twist on the old Southern chain gangs, Thompson's program includes requiring prisoners to wear electrical stun belts in addition to being chained at the ankle. When activated, the …
Article • February 15, 1997 • from PLN January, 1997
PLRA Fees Don't Apply to Released Prisoners by The court of appeals for the second circuit held that the provisions of the Prison Litigation Reform Act (PLRA) requiring payment of filing fees do not apply if the prisoner is released after filing suit. Clarence McGann, a New York state prisoner, …
Lawsuits Target Georgia Prison Abuse by Robert Bensing by Robert Bensing, Esq. Prisoners in Georgia have recently filed two lawsuits, challenging the Georgia Department of Corrections' (GDC) shakedowns of Georgia prisons. A shakedown entails a search of an entire prison's prisoner population and prisoner living areas. While the shakedowns are …
New Jersey Sex Offender Registration Injunction Vacated by In the July, 1995, issue of PLN we reported Artway v. Attorney General of New Jersey, 876 F. Supp. 666 (D NJ 1995) where a district court held that a New Jersey sex offender registration law was constitutional as far as requiring …
Article • February 15, 1997 • from PLN February, 1997
Filed under: Reviews, Court Access
Book Review: Constitutional Rights of Prisoners by Fifth edition, is an 804 page book by law professor John Palmer. The book examines the history, evolution and current state of prisoner rights, with extensive case citations. Organized into thirteen chapters Palmer examines the use of force; right to visitation, association, mail …
Article • February 15, 1997 • from PLN February, 1997
Filed under: Work, Chain Gangs
New Improved Chain Gang by F.B. Just so you will know, contrary to many published reports nationwide, the chain gang HAS NOT been abolished in Alabama. They have simply stopped chaining the prisoners on the chain gang in groups of five. These prisoners are still individually chained for no other …
Article • February 15, 1997 • from PLN February, 1997
Eyewitness News from Missouri by K.C. This is the eyewitness account of what went down here at the Jefferson City Correctional Facility on August 10, 1996. At about three in the afternoon, a prisoner in Four House was being seen on a [disciplinary] violation. The caseworker (guard) got loud with …
Article • February 15, 1997 • from PLN February, 1997
Tennessee Jail Overcrowding is State's Fault by Tennessee is now spending over $100 million a year to house state prisoners in county jails - a 14% increase from the previous year. Despite 7,350 prison inmates being double-celled, state prisoners still overcrowd jails because the state has no room for them. …
Article • February 15, 1997 • from PLN February, 1997
Third Circuit Rules that PLRA Doesn't Apply to Habeas by The court of appeals for the third circuit held that the Prison Litigation Reform Act's (PLRA) provision that prisoner litigants pay the filing fee for civil actions does not apply to habeas corpus petitions. The court gave an extensive discussion …
Article • February 15, 1997 • from PLN February, 1997
PLRA's IFP Provisions Violate Equal Protection by A federal district court in Iowa held that the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) are retroactive and violate the equal protection clause of the fifth amendment. Section 804(d) of the PLRA created a new subsection to …
Article • February 15, 1997 • from PLN January, 1997
Filed under: Commentary/Reviews, Reviews
Publications of Interest by Punch and Jurists is a six page weekly newsletter which reports federal criminal rulings of significance. Aimed at defense attorneys and criminal practitioners, Punch and Jurists puts the latest court rulings into the overall context of ever diminishing rights for defendants. Well written and comprehensive, this …
Article • February 15, 1997 • from PLN February, 1997
PLRA IFP Provision Applied Retroactively by The court of appeals for the ninth circuit held that 28 U.S.C. § 1915(e)(2), which allows courts to dismiss prisoner suits that have been filed In Forma Pauperis (IFP) at any time if determined to be frivolous, can be applied retroactively to appeals pending …
Article • February 15, 1997 • from PLN February, 1997
Notes from the Unrepenitentiary by Laura Whitehorn In the last months of 1996, the court system in Israel legalized torture. Preventing "terrorist attacks" makes it necessary, the courts ruled, to use physical torture to extract information from Arab "suspects." Fifty years ago the nazis used similar rationales to justify the …
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